Legal Opinion

Fagadau v. Wenkstern

Texas Court of Appeals, 5th District (Dallas)

Decided April 14, 2010No. 05-09-00861-CVPublishedCited by 28 opinions

1Opinion of the Court

OPINION

Opinion By

Justice MORRIS.

This interlocutory appeal follows the trial court’s refusal to dismiss Thomas H. Wenkstern’s health care liability claims against Warren R. Fagadau, M.D. Dr. Fa-gadau raises two issues on appeal focusing on the sufficiency of Wenkstern’s expert reports. He contends the trial court erred when it denied his first motion to dismiss, which challenged Wenkstern’s initial expert report, and also erred when it granted Wenkstern a thirty-day extension to file an amended report. He further contends the trial court abused its discretion by denying his second motion to…

2Cases cited14 opinions

  1. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  2. Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002
  3. Ogletree v. MatthewsTexas Supreme Court · 2007
  4. Leland v. BrandalTexas Supreme Court · 2008
  5. Gardner v. U.S. Imaging, Inc.Texas Supreme Court · 2008

9 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Adeyemi v. Guerrero, Texas Court of Appeals, 5th District (Dallas)2011
  2. Dileep Puppala, M. D. v. James Reid Perry, Texas Court of Appeals, 1st District (Houston)2018
  3. Salais v. Texas Department of Aging & Disability Services, Texas Court of Appeals, 10th District (Waco)2010
  4. Fortner, Ronald and Pam v. Hospital of the Soutwest,LLP D/B/A the Heart Hospital Baylor Plano, Texas Court of Appeals, 5th District (Dallas)2013
  5. PEDIATRIX MEDICAL GROUP, INC. v. Robinson, Texas Court of Appeals, 5th District (Dallas)2011

23 more not listed; retrieve them via the Exa API.

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